dTechs EPM Ltd. v. British Columbia Hydro and Power Authority, 2023 FCA 115
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 26 May 2023 |
| Citation | 2023 FCA 115 |
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8 practice notes
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...Federal Court of Appeal’s comments on the role of expert evidence in dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115. In that decision, the Court commented on the role of counsel with expert reports, specifically for patent cases. While the Federal Court of ......
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Valley Blades Ltd v. Usinage Pro-24 Inc, 2023 FC 1749
...to draft his affidavit, which is not uncommon or troublesome in itself (dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115 at paras 32-34; Moore v Getahun, 2015 ONCA 55 at para 55). Counsel for Nordik Blades raised this as an issue in their opening statement, but I ha......
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NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
...to their instructions of the word “comprising.” As noted in dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115 at paras 33-34 [dTechs], counsel are frequently and extensively involved in drafting expert reports and guiding the experts through the report ......
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Canadian Patent Law 2023: A Year In Review
...courts should rely on experts to construe non-technical terminology. In dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115, the Federal Court of Appeal stated that the Federal Court did not need the assistance of an expert to construe the words "further comprising", n......
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3 cases
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...Federal Court of Appeal’s comments on the role of expert evidence in dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115. In that decision, the Court commented on the role of counsel with expert reports, specifically for patent cases. While the Federal Court of ......
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Valley Blades Ltd v. Usinage Pro-24 Inc, 2023 FC 1749
...to draft his affidavit, which is not uncommon or troublesome in itself (dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115 at paras 32-34; Moore v Getahun, 2015 ONCA 55 at para 55). Counsel for Nordik Blades raised this as an issue in their opening statement, but I ha......
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NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
...to their instructions of the word “comprising.” As noted in dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115 at paras 33-34 [dTechs], counsel are frequently and extensively involved in drafting expert reports and guiding the experts through the report ......
5 firm's commentaries
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Canadian Patent Law 2023: A Year In Review
...courts should rely on experts to construe non-technical terminology. In dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115, the Federal Court of Appeal stated that the Federal Court did not need the assistance of an expert to construe the words "further comprising", n......
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Direction From The Court On The Role Of Expert Witnesses In Patent Cases
...between expert witnesses and legal counsel in dTechs EPM v. British Columbia Hydro and Power Authority and Awesense Wireless Inc., 2023 FCA 115 ("dTechs dTechs, the patent owner, commenced an infringement action against Awesense and BC Hydro. The Federal Court determined that neither defend......
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Federal Court Clarifies Validity And Evidence-Related Legal Principles, And Declines To Grant Injunction For Infringed Patent In Humira Decision
...pause for concern."26 Notably, the Court affirmed that the principles from dTechs EPM Ltd v British Columbia Hydro and Power Authority, 2023 FCA 115 ("dTechs") also apply to fact witness statements. During cross-examination, the fact witness provided a "nearly identical" or "word-for-word t......
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FCA Confirms The Importance Of Counsel's Role In Maintaining The Independence Of Experts
...EPM Ltd. v. British Columbia Hydro and Power Authority, 2023 FCA 115, the Federal Court of Appeal considered allegations that an expert report was inadmissible or should be given no weight because it did not reflect the expert's independent opinion. In assessing those allegations, the Court......
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